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(영문) 수원지방법원 안양지원 2016.06.03 2016고단595
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person in charge of real estate registration while serving as a clerical staff in the “E Certified Judicial Scriveners Office” operated by D D Judicial Scrivenerss in the Masung City.

Around July 2008, when the Defendant received the cost of the registration of real estate from the clients, the Defendant returned the money to prevent the other clients from using the cost of the registration of real estate at their request. Since the economic situation of the Defendant’s family was difficult due to the lack of living cost, even if the Defendant received money from the victims, who are the clients of the registration of real estate, in terms of the cost of the registration of real estate, the said money was merely an intention to use the money for the registration of real estate requested by other clients or for the cost of the Defendant’s family’s living, and there was no intention or ability to accept the registration of real estate requested by the victims.

The defendant around July 18, 2008, at the above "E Certified Judicial Scriveners Office" office, the defendant would deposit the expenses to the victim F and would have the victim F registered the transfer of ownership on the commercial store site in which the new mail was sold to him.

“Falsely speaking, the Defendant received KRW 5,944,320 in the name of a national bank account (G) in the name of the said certified judicial scrivener who was managed by the Defendant on the same day from the injured party, and acquired it by fraud. From that time to July 31, 2008, the Defendant received KRW 472,937,960 in total as the expenses for the registration of the transfer of real estate ownership from the victims by the same method 17 times, such as the list of crimes in the attached list of crimes, from July 31, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and K;

1. Application of Acts and subordinate statutes to request the provision of financial transaction information, such as a certificate of deposit in the name of a certified judicial scrivener, details of transactions in the name of a certified judicial scrivener, receipt of deposit, etc., details of transactions in the account of a defendant's Dong L;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of criminal facts (a punishment by imprisonment);

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